Spears v. State

HOBSON, Acting Chief Judge.

Spears appeals an order withholding adjudication of guilt and placing him on probation for a period of two years for possession of marijuana, after pleading nolo contendere and specifically reserving the right to appeal the denial of his motion to suppress evidence.

After Spears had been charged with possession of marijuana, he filed a motion to suppress the evidence. At the hearing on his motion, Paul Westfall testified that around 3:30 in the morning he saw a man standing under the window of his next-door neighbor, Pam Sweeney. Westfall got a gun, asked his wife to…